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tv   Americas Newsroom  FOX News  July 5, 2013 6:00am-8:01am PDT

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>> jesse: good luck on the tour, by the way. when is that? >> starts july 18 and runs through the end of the year. y'all come out and see it. >> clayton: we are streaming live on foxnews.com gregg: crucial testimony underway in the trial of george zimmerman. i'm gregg jarrett in for bill hemmer. heather: fulton providing crucial testimony about those 911 calls saying it is her son's voice.
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gregg: the mother on the witness stand and prosecutors deciding to play that 911 call that was sent in by a neighbor. in the background you can hear somebody screaming. take a listen. >> i want to play a recording for you, ma'am. >> 911. do you need police, fire or medical. >> i'm not sure, someone is screaming outside. >> what us the address? is it a male or female? >> it sounds like a male. >> you don't know why? >> i don't know why? i don't know. >> does he look hurt? >> i can't see him. i don't know what's going on.
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>> he's yelling help? >> yes. there is gunshots. >> you heard gunshots? >> yes. >> ma'am, that screaming or yelling, do you recognize that? >> yes. >> who do you recognize that screaming to be? >> trayvon benjamin martin. heather: crucial pieces of evidence. it could determine who in fact was the aggressor in the confrontation. and in what was perhaps a surprise move, many said the defense would not question trayvon' mother in cross-examination but they decided to do so. immediately following that they
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picked it up from there. gregg: one of the things prosecutors had to consider is whether to call the father of trayvon martin. they may have decided that was too risky. at one point in time he said either that's not my son's voice or i can't tell if it's my son's voice. now he says yes that is my son's voice. it looks as though the prosecutors will stick with the mother of trayvon martin, then rest their case. the defense tried on cross-examination that the mother has been unduly influenced by politics. why? because she admits on cross examination that she first heard that 911 call when she was in the mayor's office. the mayor of sanford. in politics eventually ratcheted this up after prosecutors decided not to charge in the
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case. they sent it to a special prosecutor who did. take a listen to this. >> would you tell us the first time that you listened to that tape, when you listened to it? where were you? >> i was here in sanford. i believe it was the mayor's office. >> that was pursuant to a request made by your lawyers to have that tape released, correct? >> that's correct. >> my understanding is it happened in the mayor's office, correct? >> yes. >> there were no law enforcement officers present? >> they were there, but they wasn't actually in the room. >> they were actually not allowed in the room, correct? >> they weren't in the room? >> i don't know about that. >> there were objections overhear say so she did not reveelt content of the conversations going on inside
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the mayor' office. we are back inside the sanford courtroom. the mother of trayvon martin now leaving the witness stand. her testimony was somewhere in the neighborhood of 10-12 minutes saying that is my son, the deceased, calling for help on the 911 call. prosecutors likely will rest their case. they may call to the witness stand the parents much george zimmerman who will likely say that is our son george zimmerman screaming for help and the judge ruled voice recognition experts will not be allowed to opine as to whose voice it is because the judge said it's just not scientific and mathematically reliable enough because it's brief, just 3 seconds long. it's background noise, and it's a scream. it's not a normal voice that can
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be tracked on a computer with annaan algorithm. >> would you please tell the members of the jury your name? >> javaris fulton. how old are you? >> 22. >> in what city do you live? >> miami. >> how long have you lived in the miami area? >> all my life. >> are you in school? >> yes. >> where is it that you attend school. >> florida international university. >> what year would you be at fiu this coming fall? >> this will be my senior year. >> do you have a major. >> yes. >> what is that. >> information technology. >> are you a full-time student. >> yes. >> are you related to trayvon martin. >> it's his brother. phil keating is outside the
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courthouse in sanford, florida. the brother on the witness stand. i expect his testimony to dovetail with his mother that yes this is trayvon martin's voice screaming for help on the 911 tape. is that about right? >> that's what we expect. the step brother just referred to trayvon as his brother. they lived together and spent many years together as teenagers and he just told the jury he was with her as well as the father tracy martin, their attorney and the mayor of city of sanford police in the day or two after the shooting. they played for all of them as a group that 911 tape with the screams and serena fulton said yes that's my son.
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after this the prosecution is most certainly going to rest its case. the defense will ask the judge for a moving acquittal based on the state not proving the case beyond a reasonable doubt. if the judge disagrees, the judge will goat rest of the day. gregg: let's go back inside the courtroom. the brother of trayvon martin on the witness stand. >> were you notified trayvon had been killed in sanford. >> yes. >> when were you told? >> monday. >> who told you. >> my mother. >> since your brother's death have you had an opportunity to hear a tape that contains screaming and the gunshot? >> yes. >> can you estimate for the members of the jury approximately how many times you heard that tape? >> anywhere between 10-15 times. >> how have you heard it? have you heard it on a computer,
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on tv, on the internet or what? >> i heard it from the computer and from tv. >> do you recognize any voices on that tape? >> yes. >> whose voice do you recognize? >> my brother. >> trayvon's? >> yes. >> what parts of the recording to you recognize as your brother's voice? >> the yelling and screaming. >> had you ever heard trayvon martin yell or scream as the two of you were growing up? >> i have hear him yell but not- but not like that but yes. >> that's all i have, thank you. >> you actually were not as certain it was your brother's voice when you first heard it, correct? >> correct. >> in fact you had talked to a
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reporter about whose voice it may have been, correct? >> yes. >> you told that reporter on march 31 of 2012 that you weren't sure, correct? >> yes. >> you said that honestly i haven't listened to it, i have heard it, i would think it was my brother, but i'm not completely positive, correct? >> uh-huh. >> having listen to the tape the first time you listened to it was in sanford and your mom was there? >> yes. >> other family members? and these two attorneys correct? >> yes. >> during that time you listened to it along with everybody else, correct? >> yes. >> having listened to it you thought it might be trayvon,
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correct? >> when we heard it in the mayor's office -- how do i explain it -- i guess i didn't want to believe that it was him. so that's why during that interview i said i wasn't sure. i guess listening to it was clouded by shock and denial and sadness. i didn't want to believe that was him. >> but you recall the date where you listened to that? middle of march, march 16 of 2012? would that be about right? >> i don't remember. >> it was a full two weeks before you had your sit-down interview with the reporter, wasn't it? >> i'm not sure. >> if i were to mention a moment
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ago that the interview was on cbs miami channel 4 on march 31, would you have any reason to contest that? >> i'm not sure of the dates. >> i mentioned also that the tape -- the tape was played for the family on march 16 or thereabouts, would you have any reason to contest that? >> no. >> so if that was two weeks did you listen to the tape in between? >> probably not. >> in the two weeks -- the reporter actually played the tape, didn't he, when you were there? >> i'm not sure. actually, could you -- i'm not sure of the time you are talking about anymore. >> let me ask it this way. do you recall sitting down with
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g.o. benitez a reporter for cbs channel 4 talking about who you thought might have been on the tape? >> yes. >> do you remember that event? >> i remember that. >> that was the event where you first answered his question was, who did you hear crying for help? do you remember that question? >> i don't remember the question. >> what i would like to do with the court's indulgence is to play that recording for you. and ask if that -- if you remember the call at that point, the tv program at that point. >> i object to that being improper impeachment. >> we would need to do that outside the presence of the jury. ladies and gentlemen if you will put your notepads face down and follow the deputy into the jury
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room. gregg: it is often said cross-examination is the engine of truth. these family members in their grief were nevertheless influenced by bias and politics and perhaps their testimony that yes this is our brother and son screaming for help has changed over the coercion of time. and now the defense wants to play part of the tape if i understand it correctly, of an interview that the brother of trayvon martin gave. let's listen in. >> i think he has denied the question and answer and i think it is proper impeachment to ply his own words. >> i think he $said he wasn't sure. the rules of impeachment require that you show the witness the statement or let them listen to
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the statement and that's done to themselves and since it's going to be played in the jury needed to be removed. so you can play it for him and we can go from there. >> just for the reportred i believe the witness' answer was he told the reporter he wasn't positive this is his brother's voice. i don't think this is is proper impeachment. >> let him listen to it. >> obviously you heard those calls. >> it has video. i don't nope it's necessary forthwithness to see the video. so rather than go through warming you have the projector ... >> just play it.
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>> obviously you heard those calls and i know you mentioned the cries for help. when you heard those calls and those cries for help, who did you hear crying for help? >> i'm not sure. honestly i'm not sure. i don't really haven't even looked into it -- like i have heard it, but i would think it was my brother, but i'm not completely positive that that's him. >> okay. >> for these purposes. does that assist you in remembering the conversation you had with the reporter? >> yes. >> that was your voice in. >> yes. >> you did say to him the words "i'm not sure"? >> yes. >> that is for the purpose of
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impeachment, but i'm going to renew my request based upon his equivocation concerning his answers -- >> i need to hear his answer to the original question. the state is saying the answer is similar. if if the court recorder could take a moment to read it back. >> i think when i said to him his words he said yes, but when i asked him again later he said the later question is the more relevant one he said i really don't remember. the first question he did. but then he equivocated toward the end of his testimony. >> i think this answer i don't know was do you remember the reporter asking you that particular question. he did not equivocate what his answer was. he said he wasn't sure at the time which is what he said today. >> the court reporter can look back.
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gregg: the defense is trying to conduct impeachment concerning a contradictory statement. the jury is not here so the judge has to go back to the original question that was posed and listen to the question and answer to make a determination on whether this is proper i am preachment. the other thing that's going on. the defense southern warrants to refresh the recollection of the witness. that's also allowable but it will be up to the judge. the court reporter going through her steno graphic machine and the printout. it's essentially a code that they use. she has got to fine the question and answer and read it back. so the defense is waiting. once they do that the judge will know whether the question constitutes proper impeachment and may or may not allow it. the jury not present because this is the sort of thing that the judge an may decide the jury
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shouldn't hear. at the end of this what is expected to be the last witness, the step brother of trayvon martin the defense will likely move for a motion for directed verdict of acquittal asking the judge to rule as a matter of law that there is no triable issue of fact for the jury to determine. the prosecutors have failed in their burden to present sufficient evidence for the charge of second degree murder. it's likely going to be denied. let's listen in. >> answer, correct. >> question as a matter of fact you talked to a reporter about whose voice it may have been correct. >> answer yes. >> i want. >> you told that reporter on march 31, 2012 that you weren't sure, correct. >> yes. >> question you said that you handle listened to it i heard it
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i think it was my brother but i'm not correctly positive. answer, uh-huh, question you have to answer out loud. answer yes. >> this would be impeachment of a collateral matter as to whether the question was asked but his than r answer is the same. >> i ask that the court reporter, my concern was the he equivocated when i asked him just at at end of the examination before he took a break. we can have the last three or four questions see it's in context. gregg: now the defense attorney wants the court reporter to go back and search through her symbols for the previous questions right before the ones she just recited in court. it looks like the judge is not going to allow this as proper impeachment. let's go to mark eiglarsh who is
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a defense attorney. it looks like the zwrunl isn't going allow it. >> she has made more rulings for the prosecution than the defense, i expect her to keep it out. >> what's the impact of a mother and brother saying that's trayvon martin's voice, my brother and son's voice screaming for help. >> generically it would be huge. but in this case it won't have much merit. there is a difference between believability and accuracy. i don't know about the brother. but the mom believes or wants to believe that was her son on the 911 call. but she could be completely inaccurate. obviousliy mara highlighted the common sense reasons why she wants to believe it's him. she's as accurate as zimmerman's father who says that's my boy on
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the 911 call. gregg: ann marie, the defense is going to put their own people on the witness stand, their own witnesses will say this is -- are we up against a hard break here? all right. i guess we got to take a quick break -- no, we are going to blow the break. ann marie back to you. the defense will put their own witness on saying it's zimmerman's voice. >> right. the jury -- it will be up to them who they believe and they will look at the other evidence there is to try to figure out who's say the truth here. but part of why the prosecution wanted to put the mother and the son and her other son on the stand today was also to remind the jury that trayvon martin is not just a name. he was a person. he had a mother, he had a brother. looking at the brother i'm sure they were saying to themselves i wonder if that's what trayvon
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looked like. there is not that big an age difference. to human eye the victim. if the jury fells angry about what happened, if they want to give the family a sense of justice they may be more willing to convict here. >> >> you always want to even your case with, you know, an emotional moving memorable moment, and prosecutors have done that here? >> without question. even though the judge is going to tell the jurors sympathy plays no role here, do not make your decision because you are angry at someone. please ... of course jurors, six women are going to certainly use emotion when deciding this case and you hope that they do not. gregg: looks like jarvis is now leaving the witness stand. they are taking a recess until further notice i'm told. and that will likely give her
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honor a little bit of an opportunity to take this under advisement to very it. maybe look at a couple cases and make a decision. let me go back to ann marie mcevoy. you have seen in your years as a prosecutor and defense attorney, you probably made many of your directed verdict motions almost uniformly denied by the judge. sorry, there are triable issues of fact, her honor will likely say. we will leave it to the jury and i'm not going to dismiss this jury and dismiss the charges, right? >> certainly a lot of the evidence the defense did a tremendous job pick apart the prosecution's witnesses in this particular case. but even with all of that, there is plenty there for the prosecution -- for the jury to hang that hat on based on what the witnesses said. you have got three neighbors that said trayvon martin is on the bottom.
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one neighbor said he was on top. it might have been a timing thing. there is still they that said he was on the bottom. you have the childhood friend who said i heard him say get off, get off. you have the mother saying she knows that was her son who was screaming for help. there is enough for the jury to make a decision that he was guilty here. then there is also the possibility it may not be a murder 2, it may be a manslaughter conviction. there is also that flexibility the jury has. the judge isn't going to do anything except deny the motion. greg * that likely denied motion will take place at the end of the prosecution's case when they rest which they say will be today and the defense will begin in earnest. mark before we take a break, the defense has a decision to make, whether or not to call george zimmerman to the putness stand. but in essence he already
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testified without taking the witness stand. >> there is no decision to be made here. you do not take the entire future of george zimmerman and hinge it upon you a well he does in response to either of these pit bull prosecutor's questions. there is no need for him to testify. he's done it numerous times. hannity conducted his direction examination and there is no cross-examination. fit was a gift. you don't screw the gift up by putting him up there. gregg: court is in recess while the judge makes a decision as to the motion by the defense for impeachment, to try to contradict the brother. we are going to pause and take a break. more of our live coverage of the zimmerman trial on the other side of the break and we are following the events in egypt. it is a day of rejection -- not necessarily rage. but rage may be the even result.
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we'll be right back. breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.
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glenn: welcome back. we just learned that the judge decided to take a recess because the prosecution wanted something out of an evidence locker but the locker was locked and they didn't have a key or couldn't find the key. literally they called a lock-smith to the courthouse that we understand has now arrived. but we are told that the contents of the evidence locker -- this is very routine in a criminal case. you keep your evidence in an evidence locker. we understand it could be graphic so we'll be showing it to you if we can on a tape delayed basis. right now the court is in recess. heather: we want to go to the other big story in egypt where the military is moving in on
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morsi's muslim brotherhood. they are look for 100 top members. clashes injuring more than 100 people in just the last 24 hours. jack keane, a former vice chief of staff of the army and fox news analyst joins us now. thank you for being with us. this information was just crossing the wire. several islamist supporters wounded by gunfire as several hundred tried to march toward the military barracks where he is being held. that's the latest information coming out of egypt. >> this is a very dangerous time. we used force to depose the government now there is revenge for that. now we'll go through a phase here until we get stability. this can turn violent and may be violent for some time.
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the military is very concerned about that. i don't agree with him arresting all of these leaders. but at the same time we are not going to have any impact on it. they believe by arresting those leaders they will prevent the violence. heather: you say we are not going to have any impact on that. what about our response to what happened so far? >> deposing an elected government by force is not something the united states will ever be for. that's for sure. democracy is hard. sometimes we get very impatient about it. it took us 12 years from 1776 which we were celebrating yesterday and our independence to draft and write a constitution in the united states. and it took a generation for south korea to transition from deck day orship to democracy. we have got to have some patience in dealing with what is taking place in egypt. the military is the only stable institution and they are also the hope for the return of
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democracy. so i don't believe wire brush these generals and isolating them is the right answer. privately we must help them put together a comprehensive path to restoration of that democracy. heather: you believe it is correct for the obama admini this as a coup purposely so that we can continue to give them the military aid that's needed especially at this time? >> i understand we are sort of splitting the baby here. but the fact of the matter is we should stay focused on what is right for the people in egypt. they were in the street seeking political and social reform and also relief from this chronic economic problems they have all of which worsened under morsi. so it's sort of a restart of what they did almost 2 1/2 years ago. met require's a similar scene to what we saw 2 1/2 years ago. how do the people of egypt know or how do we even know it's
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going to be different this time around? >> we don't. but they do have a second chance to put together a government that is inclusive. we cannot have a government that excludes the islamists. if there is any attempt to do that then we are going to continue to see people in the streets. most of the islamists would participate in the political process. there is a a portion of them who don't want it. the fact of the matter is that is a good opportunity -- that radical part of the muslim brotherhood could be isolated at this point. this is a huge set back for them in running the government and being as incompetent as they have been. >> you say there is a radical portion of the muslim brotherhood versus this large cohesive group. >> i do, because the radical portion can be violent. in terms of wants an islamist
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state, wanting sharia law dominate and control people's lives they all would want that. met * what about any of these violence moving beyond egypt, beyond their borders. >> we have seen it in the past. it could happen in the future. i suspect not. because i think this is really a central issue inside of egypt. and i think the next few days will tell where we are going to go with this in terms of is this violence going to get out of hand. i think that's what the generals are concerned about in arresting these people. but all that will do is ferment is even further. heather: what about other countries jumping in and hoag support for the muslim brotherhood and morsi and the military and the people of egypt. >> i think even those elected by the people are taking a sigh of relief here in terms of the muslim brotherhood and the trainingle hold they had on --
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the stranglehold they had on egypt. culturally what they mean in terms of their size. the fact that that government was so incompetent it was truly bringing egypt to it knees. the fact that they are gone i think most people have a sense of relief about it. heather: other countries may have wanted that. you have iran and syria. what about their perspective. >> the iranians and syrians and hezbollah in lebanon and hamas, they are all united. they are radical islamists and some of them are running government and they are running them just as bad as what was taking place in egypt. it's a political setback for islamists. heather: it's always an honor speaking to you. we'll keep our eye on egypt today as the violence continues. gregg: we are also keeping an eye on that florida courtroom in the george zimmerman second degree murder trial.
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they have taken a break because they have to find a locksmith. the evidence locker apparently contains some evidence that we assume the prosecution wants to present. it could be the defense. but let's pose that question to john lucich who is a former federal investigator. evidence lockers exist in just about every criminal case. explain its purpose. >> once you take evidence in you must maintain a chain of custody. anybody who comes in contact with that has to be identified on a form. if you can't say who came in contact with each piece of evidence you can't say what happened to that evidence. in order to insure nobody who isn't supposed to have access to that, they lock it up. if you want inside they have to sign in and sign out and they have to put down why they need
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to access that evidence. this way the evidence can have integrity in a court of law. gregg: we don't know the content that will be presented in court. but as soon as the locksmith can open the lock they will haul it out. we don't know if they will present it first before the judge or jury but when it happens we'll show our viewers. i want to show what happened earlier today as the prosecution is approaching the end of its case and they are doing it with some drama. and they put on the witness stand the mother of trayvon martin to say that's my son who is screaming for help. take a listen to this. >> i imagine it was one of the worst things you weren't through to listen to that tape. >> absolutely. >> if it was your son in fact screaming as you testified that would suggest it's mr. zimmerman's fault that led to his death, correct?
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>> correct. >> if it was not your son screaming, fit was george zimmerman then you would have to accept the probability that it was trayvon martin who caused his own death, correct? >> i don't understand the question. >> if you were to listen to that tape and not hear your son's voice, that would mean that it would have been george zimmerman's voice, correct? >> and not hear my son screaming is that what you are asking? >> yes, ma'am. >> i heard my son screaming. >> i understand. the only alternative do you agree would be that if it was not your son screaming it would be george zimmerman correct? >> objection, speculation. >> sustained. gregg: so she never answered. it was sustained. let's go back to criminal defense attorney mark eiglarsh. this is probably the reason why a lot of defense attorneys
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generally decide not to cross-examine the mother of the deceased. all of the emotion is on her side. in the end the clip we showed you, the defense didn't accomplish much. >> i disagree. they didn't get the answer they wanted. but clearly they showed the jury and you and me she knew what answer he wanted. she understood what he was asking for but she wasn't at that moment obviously because she was grieving. but wasn't honest and straightforward in answering the attorney's question. clearly it wasn't her son yelling it would have been zimmerman. if it was zimmerman yelling that would have suggested her son played a role in his tragic demise. she knew exactly what he was asking. > >> gregg: ann marie do you think you would have crossed her? >> i don't think i would have crossed her.
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she was not there. the other answer she could have given is to say i really don't know because i wasn't there. she was smart enough in a way not to say it. but that was the implication even if her not answering. it's a good point the defense raised. they did a terrific job of raising these issues. every one of the witnesses the prosecution brought on they managed to get something outful from them. >> gregg: he got the witness to admit when she first heard the tape and said, "it's my son," it was in the mayor's office. it conjures up the notion she was unduly influenced by the politics of what was going on. once she committed herself to the mayor's office saying that's my son, she had to stick to that story. >> agreed. the other thing is it was played
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in front of a group of people. when a group does a photographic lineup he does it one by one so they aren't influenced':' the minute her or 0 one in the room said, oh, that's trayvon, no one was going to change their opinion, and that was improper. gregg: mark eiglarsh and marie mcavoy and downlucich. more as it proceeds. heather? heather: also happening today, a volcano causing huge problems for the airline industry. why it eruption causing flight disruptions. a fireworks show that had spectators running for their lives. >> it's like one of the crates
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tipped over. there were things going into the crowd. they were shooting up in the air.
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gregg: several airlines cancelling dozens of flights in and out of mexico city because of a volcano spewing hot ash, steam and blowing rocks. it's affecting flights to and from the following cities. houston, dallas, chicago, denver and los angeles. no mexican airlines have halted service so far. heather: new developments in the case of nsa leaker edward snowden. several law makers in iceland introduced a proposal grajt him automatic citizenship allowing him to travel there. he appears to be stuck at the moscow airport. he has sought asylum from every countries. our next guest says our government is mishandling them all.
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let's begin with edward snowden. he's america' most wanted fugitive. you say the problems began with the federal prosecutors who dropped the ball in a couple of ways allowing him to get to moscow in the first place. >> this is a declaration of incompetence with the federal government. they can't seem to get anything right. his name oh cording to officials is edward joseph snowden. you would think they could present the proper paperwork. their paperwork says edward james snowden and edward j. snowden. the hong kong authorities say we don't see a passport number and we see three different names. could you clarify this. they contacted the department of justice and said we need
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clarification, what's there is guy's name and what is his passport number. the doj didn't reply so he flies to moscow. heather: and another question is how soon he got his top security clearance to begin with. >> they are supposed to one initial check and go back and do a second check. 50% of the cases usis just did the first check and not the secondary check and i don't know in snowden got through that loose net but it's possible. 50% of the double-checks they are supposed to do they didn't do and they told the federal government they did. heather: let's talk about obama-care with the employer mandate being delayed for one year, we have had three years of she hersal of this. why aren't we getting it right? >> the obama administration had
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three years to get this together. tuesday just before the 4th of july break they say we are going to push back the employer mandate. it turns out to be completely unwieldy. this is a 2,001 page piece of legislation. it understand out the exchanges that are supposed to be unveiled across the states. 34 states according to government accountability office are 85% of the steps they need to take haven't been completed and they are supposed to be up and running by september 1. the costs are going out of control. if you are a 25-year-old non-smoking male in california your insurance rates will go up 100% to 123% and it will tripping in you are a non-smoking male of 40 in virginia. gregg: the white house keeping a close eye on events in cairo,
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egypt. new protests splitting the country even further. we are live in washington with today's latest reaction. ♪ i'll stand by you yeaaaah! yeah. so that's our loyalty program. you're automatically enrolled, and the longer you stay, the more rewards you get. great! oh! ♪ i'll stand by you ♪ won't let nobody hurt you ♪ isn't there a simpler way to explain the loyalty program? yes. standing by you from day one. now, that's progressive.
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heather: a new concern in the gun debate. in florida permits are up 17%. ohio is on pace to nearly double last year's total of 65,000 new permits. early estimates already show many states are on record for their biggest year ever. 8 million americans had concealed carry permits last year. proponents argue allowing more people to carry legal guns means less crime.
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crime.. gregg: one fourth of july fireworks show goes horribly wrong. >> run! run! gregg: you can hear the terrified crowd screaming in simi valley, california. at least 28 people have been injured when a wooden platform holding the fireworks tipped over, sending the pyrotechnics into the crowd. >> the fireworks were right in our face. i think it's a miracle nobody got killed. in fact when i went over there to sit down in that area, i was like -- i didn't like being that close. i just thought they should have moved back a little bit. >> this is just a freak
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accident. gregg: dominic dina tally is live in los angeles with more. >> this was at the rotary club show. it's under investigation but the simi valley police department saying one of the launching stations fell over soon after the fireworks started. that resulted in them shooting directly into the crowd. here is how one witness described the moment it went wrong. >> it's like one of the crates with several mortars on it tipped over and it set off a chain reaction. there were thing going into the crowd. >> i didn't see anybody injured. i just saw people who were take to the triage center. they were covering their face,
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they had scorch marks. >> reporter: the authorities estimate the crowd were 900 feet away from the platform. they are adults and children being treated for shrapnel-type wound and burn. police are saying although it's still unknown why that launching station fell over. there are no indications it is foul play and it could be just an industrial accident say the police. gregg: let the lawsuits begin. heather: stay with us. bombshell testimony in the george zimmerman murder trial. the impact of the testimony from vai von martin. there is trayvon martin's brother on the stand. we also had trayvon martin's mother testifying earlier that
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the voice screaming on the 911 call was her son. police making a shocking discovery. arresting a man with a truck loaded with guns and body armor and molotov cocktails. tony used priceline to book this 4 star hotel. tell 'em why. free breakfast with express deals, you can save big and find a hotel with free breakfast without bidding. don't you just love those little cereal boxes? priceline savings without the bidding.
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gregg: we are live back up side this sanford, florida courtroom. cross-examination of the step brother of trayvon martin, the
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deceased in this case, the teenage more was killed one night by george zimmerman now charged and on trial with second degree murder. this is cross-examination by the defense. take a listen. >> did you spend a lot of time with your dad over at that house? >> yes. >> did trayvon martin as well spend a lot of time over at that house? >> yes. >> he was more living there in the last few years? >> not really. >> what do you mean by that? >> we usually spent the weekend over there or whenever we wanted, i guess we could go over. and toward the end -- i don't know it was about the same. >> redirect?
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>> thank you, your honor. >> you were asked about listening to that 911 call with your brother's screams on it for the first time at the mayor's office. was that emotionally difficult for to you hear? >> yes. >> were you still sort of in denial about your brother many death at that point? >> yes. >> and then you don't recall -- gregg: this is the step brother of trayvon martin. we are going to put ourselves on a 5-second delay. we do expect some evidence may be presented in court that depending upon what it is we may not show it to you. so we are going to pause for a brief moment. we are now on a 5-second delay.
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we are back inside the courtroom. this is redirect examination by the prosecutor of the brother of trayvon martin. >> you were asked about growing up, how old were you approximately when your mother sybrina fulton and tracy martin divorced? >> about 9. >> as i unwhat you said after that d what i understood after that point you lived with your mother but you would visit tracy martini time you wanted on the weekend? >> yes. >> would trayvon go with you to tracy martin's house to visit? >> yes. >> you know now go to first u. >> yes. >> when you were at fmu in tall has see would you come home and stay with your mother and trayvon martin. was there a case when your
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mother and trayvon martin went to visit you in tallahassee. >> yes. >> in the fall of '11 and the first months of 2012 you were actually at fiu back in miami. >> yes. >> thank you, sir. >> may mr. fulton be excused? >> yes, ma'am. >> thank you, you may be excused. >> we recall sybrina fulton. gregg: they are going to recall to the witness stand the mother of trayvon martin. on cross-examination the defense was trying to suggest to the jury that the step brother didn't live with trayvon martin for very long, they didn't to use their terminology hang together have much so he would not have been able to really recognize the voice of trayvon martin in that 911 call screaming for help. at least that's what the defense
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tried to suggest. the mother sybrina fulton back on the witness stand. take a listen. we don't know quite quite what's going on. the camera is on the mother. this is a side bar conference that's going on. counsel have approached the bench to talk to the judge about something or other. but back with our panel, mark eiglarsh and ann marie mcavoy, mark, the defense did a pretty good job with the step brother, didn't they? >> yes. without question. at first this conclusion was without cross-examination that was my brother. then we said wait a second. you told the reporter you weren't sure. so now, you know, what merit is there to his testimony really? >> gregg: i wonder why the mother
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has been recalled to the witness stand. >> i think they are probably trying to somehowific the problems that were created by the son. -- i think they were probably trying to somehow fix the problems created by the son. also again they want to go out on a good note, not on a faltering note like they have right now where the brother's testimony did fall apart. even to the point where it was questionable how much time did he actually spend with trayvon martin. how well did he know him. all of that is up in the air. gregg: the defense well knows the father of trayvon martin at one point in time said he didn't know if that was his son's voice or actively said it wasn't. now he says yes, it is my son. if you are the defense, what do you do with that if anything? do you try to call the taughter to the witness stand?
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>> it's a dangerous scenario because you will get one thing but then it may open up the door to the prosecution being able to get whatever they want out of him. i would consider it but i probably wouldn't do it. as long as you have zimmerman's father testify i believe that was my son's voice on the 911 call coupled with jonathon good's testimony was yelling help and the guy upon the bottom was zimmerman you have enough reasonable doubt who it was yelling for help on the 911 call that it helps the defense. gregg: it under scores one thing in this case. you have got contradictory testimony from the witnesses on this dark and rainy night and you have family members who also contradict one another. in the end jurors may be left with a big question mark. necessity may go back to deliberate and say, you know
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what? i can't figure out what happened that night. by definition doesn't that equal reasonable doubt? >> absolutely. i think the defense has done a tremendous job on every one of these witnesses to find holes in the testimony to be to point it out to use the witnesses to their advantage to show the thing they wanted to show. and all they have to do is show reasonable doubt. if they can put reasonable doubt in the mind of one of those jurors who refuses to convict, they will at least wind up with a hung jury and full acquittal. >> one of the things -- x go to john wiljohn lucich on this. they had to bring a locksmith to the courthouse because they couldn't get it unlocked. if it's because they lost the key, that's problematic for prosecutors. they could arguably taint the
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evidence. whoever has got the key could have gotten inside the locker and that disrupts the chain of custody, doesn't it, john? >> you have got to remember that lock box where the evidence is being kept is inside either some type of police headquarters or someplace that's secured by the government. people -- there is going to be a master of evidence that signs things and signs out. it doesn't matter he has the key. someone has to have access to the room in towardsr order to get the -- room in order to get the evidence in and out. i don't understand why they don't break count door and get to the evidence. this is a crucial trial and it's holding it up. gregg: you are laughing. have you ever seen this, mark? >> i haven't. i don't think it hinges on whether the dna testimony can place the defendant there or not place the defendant there. i don't think it will be groundbreaking evidence anyway.
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i think it comes down to self-defense. gregg: you are assuming it's dna evidence in the evidence locker. i'm not sure that's the case. >> i don't know what it is. i'm giving you the best situation. gregg: ann marie you spent many years as a prosecutor working in a prosecutor's office. this is embarrassing, isn't it? >> these things happen. it's human nature. things don't work. you try to put up a video and the laptop doesn't work. there are all kind of technical snafus that happen every day during a trial. there is so much information so so many people trying to put something together in a very quick schedule as well with a lot of pressure. so something is always gohave a. gregg: as i understand it they are still in a side bar so the prosecution and defense talk it over with the judge. we don't though what they are talking about. we'll use the opportunity to squeeze in a quick break.
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more of our live coverage on the other side. don't go away.
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gregg: a five-minute recess just declared about it judge in the murder trial of george zimmerman. the prosecution is it appears wrapping up its case. they said they would rest today. then you can expect the defense to ask the judge to dismiss the case it many called a directed verdict motion for acquittal.
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which will likely be denied. and then the defense will begin in earnest presenting their side, their witnesses in this case. the big question mark, will george zimmerman take the witness stand? we'll continue to follow on what's going on here. a five-minute recess. met * new political fallout from the obama administration's stunning decision this week to delay a critical part of the healthcare law. the employee mandate now being postponed until 2015. and now new questions about the challenges that this poses to the president's second term goals and how it will impact his long-term legacy. bob been is a former democrat i can campaign manager and thank you for joining us. what are the up reply cases of
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the -- to the obama administration. is this -- bob, a major concession, you know, for the president -- what was considered his signature achievement? >> it's more reality than anything else. the fact is that the democrats did not want to run on this in 2014, and i think this came from the democratic candidates. from a policy standpoint they haven't sold the thing yet. i don't think it does away with his legacy. i think what it does is gets away from his -- it -- it will still be in effect and andrea and other will hope it goes away but it won't. sorry, i was looking in the wrong prompter. >> what about you? what do you think? implications for the obama administration. also for democrats with mid-term elections. >> this is huge. there were negative headlines leading up into this
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announcement that they dumped before a holiday weekend. teachers were getting laid off. fast food workers were being relegated to partth time status. this bill is a fiasco. i don't see after reading the details of this mandate i don't see how the individual mandate continues to stand. >> how toss it not continue to stand. it's the law of the land. your employer drops you because he doesn't have to cover you. you go looking for health insurance in one of these exchanges assuming they are going to be ready. >> your assumption a lot of employers have dropped people. that's not right. >> bob, you can't argue with the facts. employers are dropping employees, it's too expensive. if they don't cover them they have to pay $3,000 per employee. they are getting relegated to part time status. you tell me this. your employer drops you in 2014, where do you go to get health
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insurance? >> i have no idea. but that's not the point. the point is this, in massachusetts where this has been in effect now. employers are not dropping people because they can get a tax writeoff for insurance premiums. >> massachusetts is a disaster. >> it is not a disaster. what is a disaster is the republicans arguing against it. i'm sorry, please. >> we have practiced on the 50so -- on the five. heather: president obama was speaking in san jose, california on june 7. he said i think it's important to acknowledge this is working the way it's supposed to. now we have a holiday weekend. the president is on a plane flying back from forecast. this delay is announced on a web site very subtly. the timing of it all. is this really working? do you believe what you just said? >> i had a girlfriend once who
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dropped me on a friday after the 4th of july so i guess there is something about that. do i think it's working the way it's suppose to in obviously it's not. it's got a lot of selling to do. is it the law of the land? yes. republicans can try all they want they are not going to get rid of it. >> the way to do this was to make it available so people could buy insurance overstate lines. also they didn't have the political courage to make the penalty greater than your health insurance premium. this what is happened in massachusetts. people said why boo they are paying the premium when i can pay the penalty. so you have a lot of sick people coming in and out of the system. it's called adverse selection. it's very expensive. this bill will be a fiasco. i predict more delays. there will be more announcements. >> what's sick is the insurance companies taking advantage of this thing raising premiums with
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no justification and get away with it. >> that is true. heather: you just had some answers there. is that what republicans need to do and not just counter democrats and say we told you so but have. >> real answers as we proceed toward these mid-term elections? if i were republican and i know there is a replacement bill, paul ryan sponsored it. if i were republican i would repeal this bill and i would pass individual smaller bills that address these problems. not some gar began to you and mess. i would make the insurance companies compete. make them have to do choice in competition so our prices are lower. >> what you said that knocked it out 30 times. in the house of representatives where all the right ring -- the right wingers are, it's not going to happen. >> this bill is unworkable.
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heather: the two of you can continue to debate this on the five tonight. we appreciate it. gregg: in cairo, egypt, there are conflicting reports of the military firing on supporters of former president mohammed morsi who is in military custody. with reports of one killed, several injured. but now we are hearing from an army spokesman who said we weren't using bullets. we had blanks and we were using tear gas. so obviously there is chaos and perhaps violence. we are live in cairo with a we are live in cairo with a report in just a few minutes.
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we just need differently to keep praying for us. that is what keeps us together. our kids, us as a nation. heather: they caution both girls face a challenging recovery.
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gregg: i want to tell you about this tragedy possibly prevented in seattle. fbi investigating and nevada man arrested close to campus of the university of washington, this guy was armed to the tee. the potential danger. >> you have somebody who has body armor, long guns and incendiary devices, that is a concern. gregg: most definitely is. reporter: the 21-year-old man was picking up a supply of menacing weapons. body armor and multiple well-made molotov cocktails. the man was arrested after a police chase ended a few blocks
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away wednesday night. campus police first spotted the man sleeping in a truck on campus grounds tuesday. after a records check found no outstanding warrant, he was sent on his way. wednesday spotted again, the truck had just been reported stolen from montana and that is when a pursuit began. >> we don't have any information that would suggest any kind of attack, what his intentions are. we are trying to rule out everything at this point. reporter: the police chief is working with the seattle police department on this end the fbi, the suspect is not cooperating with investigators at this point. in the meantime students are still in shock this unfolded so close to campus. >> i have been here for two and
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half years now, we get e-mails saying we had an armed robbery, that kind of a deal, but nothing like that, bombs, that kind of scares me a little bit. reporter: police do not believe he has any ties to the area. no threat threat to the communit that time. gregg: thank you. heather: we're keeping an eye on two breaking news stories. the obama administration calling for a quick transition back to a democratic civilian government, but should the white house began more? gregg: w were also keeping an ee on the florida courtroom of the medical examiner in the charge zimmerman murder trial basically telling the jurors the cause of death is a wound to the
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chest. the manner of death is a homicide and it will be up to the jury to determine in the end if it is excusable homicide based on self-defense. wthey will take a quick break ad be right back. the great outdoors... ...and a great deal. thanks to dad. nope eeeeh... oh, guys let's leave the deals to hotels.com. ooh that one! nice.
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heather: welcome back. a fox news alert out of egypt for you. conflicting reports of firing on reporters of ousted president mohammed morsi. conor has the latest. reporter: the government has trying to show control, but there have been clashes in the military. what we're hearing right now is three people have been shot and killed in the military has fire on protesters in several different protests around the area. the military i is nine years opening fire saying it is rubber
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bullets and tear gas from the sounds of it it appears that has been clashes between the military and pro-muslim brotherhood groups. so far it appears to be in specific areas. we haven't had a lot of reports outside the cairo area, but we're also getting reports government news stations aren't reporting much in the way of what is going on here, so it appears we military crackdown on the muslim brotherhood, and given what we have seen and heard in the past few days, there's a lot of anger among the brotherhood groups taking to the streets in cairo and across the country so it seems very likely we will have continued violence and conflict in the coming hours. the anger is likely going to lead to more and more violence. heather: this morning you said
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we should expect this, and we're seeing it unfold. conor live. gregg: president obama has met with his national security team in egypt. calling for quick and responsible return to a democratically elected civilian government in egypt but america's former ambassador to the united nations says we need to do more. >> this has been a reflection of the administrations aimlessness and lack of understanding of the arab spring from the get-g get o and half years ago and in particular lack of understanding of the situations in egypt. the president has huge interest here keeping the suez canal open. gregg: the author of smart power, diplomacy and war. thank you for being with us.
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we will get to the obama administration in a moment, but i want each react to situations taking place. people have been shot dead today. it appears the muslim brotherhood is not going to go quietly into the night. in fact, does it appear to you this day of rejection is going to be a day of more violence and bloodshed? >> a lot of turbulence. they will not go quietly into the night. the muslim brotherhood was banned during the entire mubarak brotherhood in egypt. they brought the political desire, they prodde brought it e modern era and put up with years of repression and this is thei m seeing a slip away. gregg: we have seen a sway on the government, we give billions every year, the latest
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1.6 billion, 1.3 billion went to the military directly. what should we be doing now, should we be leveraging that to make sure that a transition to a civilian government based on democracy is handed over by the military? >> i think we should focus on the political goals than the means. we should not look like a zomb zombie, we should focus on the ultimate goal which is an accountable government in civilized order and against corruption. the big problem is the amount of corruption you have, something military systems hasn't done anything to help, it is what drives the angst you are seeing in the streets of europe. gregg: your seeing what ambassador bolton said. the diplomacy on behalf of
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president obama has been nothing short of mush, which was his word. the editorial putting much says the same thing, the obama administration has been caught trailing events at every turn supporting mr. mubarak before throwing him over and supporting mr. morsi despite his authoritarian term. is that right? >> we have been on the wrong side of two revelation stampeded giving the people in the u.s. a do over. a chance to get serious and support those who want a secular government. we have to get our head in the game. the cia used to help classical liberal parties in the cold war, and we don't have the tools to do that anymore. if we do, they are not being used. the president should be clear if
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it is iran, syria or egypt we should want democracy, something like that, that should be the strategy you can start having flow from that. gregg: the economy tanked under the muslim brotherhood. shutting out anybody who didn't agree with the strict islamic agenda. is it your sense islamists may be skilled at political mobilization and organization, but when it comes to the hard work of governing and understanding th here economicsn the marketplace to solve these economy problems, that they just don't know how? >> i think islamism inherited a lot from communism. the new totalitarian threat to capitalism and democracy. they really have no skill when it comes to that. authoritarian government.
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they cannot manage the economy, things go bad especially in the state without hydrocarbons like egypt. gregg: we have gathered muslim leaders to try to rewrite the constitution and form a technocratic government. to plan elections. is that a good sign for a future democratic egypt? >> it is good, however i would rather see a strong opposition forming. crystallizing around an individual or group of individuals. the liberal made the rounds in congress before morsi took office. military will be an important flywheel on democracy and we would like to see them working with the military and looking ahead and ideally crystallizing around individual.
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gregg: revolutions can sometimes be ugly, and we will watch as this one progresses. thank you very much. >> thank you. speak to the white house making waves with his decision to postpone a critical part of his signature health care overhaul, being president obama. can it change the law without the input of congress? we will take a look at that plus was the stunning push could mean for you. >> this was a stunner. i know there were many reports of implementation being behind schedules, the exchanges not being ready to go, but not a whisper of dropping employer mandate. when the news came out it was far from quiet. love, warmth. here, try this. mm, ok! ching! i like the fact that there's lots of different tastes going on. mmmm! breakfast i'm very impressed. this is a great cereal! honey bunches of oats. i hear you crunching.
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gregg: life will be getting back to normal for commuters in san francisco after management and striking transit workers reach a tentative agreement.
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the current labor contract will be extended for about 30 days while both sides try to hammer out a long-term contract. regular train service resuming this afternoon. the strike began on monday. speak to a fox news alert. a new snapshot of the employment situation in america as the labor department releases the june jobs report. u.s. employers stepping up hiring adding 195,000 jobs last month with more people starting to look for work. unemployment rate stayed steady 7.6%, unchanged from the month before. former director of the congressional budget office now president of the american action form. thank you for joining us. >> my pleasure. heather: these numbers give you hope for a better economy in 2013? >> there's a lot of good news in
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this report. we sell 195,000 jobs. upward revisions of 75,000 in april and may. we saw increases in earnings, that gives a foundation for income growth, so there's a lot of good news, but at the end of the day 7.6%, the broadest measure rose, so despite the progress that has been made, a lot of people unemployed and more troubling, lots more part-time employment. heather: so you are also looking at the labor market activity, so how do you make that better? >> the real problem with the united states is a structural differences. we have taxes, real entitlement reform, a good regulation reform, and so until we get that
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done, the private sector will do the best it can with severe headwinds. heather: in some use at the bottom line was the june, jobs report just released was strong on the employer side and more the same for the household. >> households are looking for a sign, generate more income to get confident enough to go and spend it. we are doing okay, but not enough good news to really declare victory and say we are on solid, sustainable recovery. heather: this delay in the health care mandate, how will that affect the jobs numbers? >> 322,000 more people who reported working part-time and voluntarily. one of the concerns of the health care law has big incentive to turn full-time employees and to part-time employees.
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they waved enforcement for a year you might hope given reprieve may keep full-time workers but some concern that recognize landscapes just change and we should have a part-time a little bit of that in the data. it is not obvious one year off change that very much. heather: he talked at length of the implications of this. i want to ask you viewed from the health insurance perspective and the cost implication. >> i think this is a bad move from the policy perspective. a lot of thinking of dropping insurance. what this t decision essentially says if you have one year to do it for free. that is bad for the consumer because the health insurance will change, the doctors change and bad for the budget because more people will be on the governments take and that will
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be expensive. heather: it was the cbo that actually estimated back in may that $10 billion would be earned from the penalties in 2015 from those being assessed in the year 2014. >> we will certainly be missing the money. there will be a bigger prize take coming when people move from employer insurance to the subsidized government insurance and that is a big dollar impact. heather: what do they have to worry about? >> they should have been worried about holding onto the money they have, should be more worried today. gregg: dramatic testimony that george zimmerman trial. medical examiner' is on the witness stand describing photographs of trayvon martin after he was shot and killed by
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george zimmerman. our producers in the courtroom reporting martin's father getting very emotional during the testimony understandably so. also hearing his mother walked out following her testimony, siu will continue to let you know what is going on.
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gregg: inside this florida court from the medical examiner who performed the autopsy on trayvon martin has been testifying. saying the cause of death was a gunshot wound to the chest. if the jury determined it was excusable homicide based on self-defense. the testimony has been incredibly graphic and these
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jurors have actually been looking at photographs of the autopsy, the body of trayvon martin. let's go back to our legal panel, let me begin with you. because this is important from a prosecutor's standpoint, isn't it? >> listen, what they are doing is so transparent to me, the final witness is the primary goal is to invoke anger, sympathy, compassion, all those things the judge will tell the jury, said those aside and don't based on that emotion. gregg: it is probably working, let me read a note we received from one of our producers. one juror looks very sad when they first show the image of trayvon martin's body. the rest of the jury looking straight, somber, taking notes,
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looking up. that same juror that looks sad size when they show the naked body of trayvon martin. if mark is right, that was the intended effect, it is working, isn't it? >> undoubtedly part of it. have to show what the bone was. it is part of the element here. they had to bring somebody in to do this. and to show that was a homicide or not. certainly to show from his opinion and what he could see on the body is certainly was a homicide of some kind. >> one of the first issues that was discussed that came out of this witnesses mouth was martin suffered. that he didn't die right away.
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which then got sustained, but that is on the juror's mind. what does it matter if h he suffers? >> there was an objection and it was overturned. but the jury did hear that he suffered. can we show the picture of him? at one point in time he appeared to be tearing up. he is sitting there right next to the jurors. they are looking over, at least one of them was, and they see that, so a lot of emotion inside the courtroom. i want to come to you about a point that has been made inside this trial. you are a former criminal investigator, is you are well versed to answer this question. much has been made about george
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zimmerman released by dispatch or not to follow any longer. he arguably didn't do that. it doesn't have to follow those instructions of the dispatcher, he is free to do what he wants. >> in some departments dispatchers are police officers. i don't think he was in this case. he should take their instructions, but he is not legally bound to take the directions of what the dispatcher tells him to do. his job is to be on the lookout for suspicious people and to report them. this is what george zimmerman did. he called a nonemergency. i want to let you know this is going on, he wasn't threatened by this guy and he kept an eye on him and wanted to keep an eye on him until police arrived on the scene.
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trayvon martin had a cell phone on him and he doesn't dial 911 if he feels threatened but he tossed or a girl he knows? the end result is there are so many lives affected by this case, nobody will be a winner in this case. if you focus only on the evidence you can see trayvon martin with the medical examin examiner, they have no other damage on them so clearly did not do any damage to him. zimmerman has damage to the face and as a police officer when i find out somebody got their nose broken, this is serious and i imagine it could have put him in fear for his life. gregg: graphic testimony, we are being very judicious of what we're showing you. here is the medical examiner. we will show you part of what he says. >> there are no exit wounds.
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speakers in other words you find the bullet inside his body. >> have 100% confidence i can make judgment this is interest wounds in the immediate range. gregg: cause of death, bullet wound to the chest, homicide. whether it is excusable or not is the ultimate question. panel, thank you very much. right now cross examination by the defense of the medical examiner who performed the autopsy on trayvon martin. we will be right back.
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gregg: they have not started a cross examination yet, the defense has some objections. heather: "happening now" starts right now. >> brand-new stories and breaking news. >> the prosecution prepares to rest its case, powerful testimony from trayvon martin's mother, the legal panel weighs in. and police arresting this man for stabbing a homeless veteran while celebrating 21st birthday. your details in this bizarre case. and dramatic video of a fourth of july fireworks show gone terribly wrong. dozens injured at the fireworks meant to shoot up in the sky go flying into the crowd. it is all "happening

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